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16 U.S.C. § 4402 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter:
(1) The term “Agreement” means the Tripartite Agreement signed in March 1988, by the Director General for Ecological Conservation of Natural Resources of Mexico, the Director of the Canadian Wildlife Service, and the Director of the United States Fish and Wildlife Service.
(2) The term “appropriate Committees” means the Committee on Environment and Public Works of the United States Senate and the Committee on Resources of the House of Representatives.
(3) The term “flyway” means the four administrative units used by the United States Fish and Wildlife Service and the States in the management of waterfowl populations.
(4) The term “Migratory Bird Conservation Commission” means that commission established by [section 715a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section715a&num=0&edition=prelim).
(5) The term “migratory birds” means all wild birds native to North America that are in an unconfined state and that are protected under the Migratory Bird Treaty Act [[16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.], including ducks, geese, and swans of the family Anatidae, species listed as threatened or endangered under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.), and species defined as nongame under the Fish and Wildlife Conservation Act of 1980 ([16 U.S.C. 2901–291](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2901–291&num=0&edition=prelim)2).
(6) The term “Plan” means the North American Waterfowl Management Plan signed by the Minister of the Environment for Canada an
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Source location: Title 16, Chapter 64, § 4402; chapter-064-north-american-wetlands-conservation.md
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For the purposes of this chapter:
(1) The term “Agreement” means the Tripartite Agreement signed in March 1988, by the Director General for Ecological Conservation of Natural Resources of Mexico, the Director of the Canadian Wildlife Service, and the Director of the United States Fish and Wildlife Service.
(2) The term “appropriate Committees” means the Committee on Environment and Public Works of the United States Senate and the Committee on Resources of the House of Representatives.
(3) The term “flyway” means the four administrative units used by the United States Fish and Wildlife Service and the States in the management of waterfowl populations.
(4) The term “Migratory Bird Conservation Commission” means that commission established by [section 715a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section715a&num=0&edition=prelim).
(5) The term “migratory birds” means all wild birds native to North America that are in an unconfined state and that are protected under the Migratory Bird Treaty Act [[16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.], including ducks, geese, and swans of the family Anatidae, species listed as threatened or endangered under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.), and species defined as nongame under the Fish and Wildlife Conservation Act of 1980 ([16 U.S.C. 2901–291](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2901–291&num=0&edition=prelim)2).
(6) The term “Plan” means the North American Waterfowl Management Plan signed by the Minister of the Environment for Canada and the Secretary of the Interior for the United States in May 1986, and by the Secretary of Sedesol for Mexico in 1994, and subsequent dates.
(7) The term “Secretary” means the Secretary of the Interior.
(8) The term “State” means the State fish and wildlife agency, which shall be construed to mean any department, or any division of any department of another name, of a State that is empowered under its laws to exercise the functions ordinarily exercised by a State fish and wildlife agency.
(9) The term “wetlands conservation project” means—
(A) the obtaining of a real property interest in lands or waters, including water rights, of a wetland ecosystem and associated habitat if the obtaining of such interest is subject to terms and conditions that will ensure that the real property will be administered for the long-term conservation of such lands and waters and the migratory birds and other fish and wildlife dependent thereon;
(B) the restoration, management, or enhancement of wetland ecosystems and associated habitat for migratory birds and other fish and wildlife species if such restoration, management, or enhancement is conducted on lands and waters that are administered for the long-term conservation of such lands and waters and the migratory birds and other fish and wildlife dependent thereon; and
(C) in the case of projects undertaken in Mexico, includes technical training and development of infrastructure necessary for the conservation and management of wetlands and studies on the sustainable use of wetland resources.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares that—
(1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;
(4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to—
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of the North Pacific Ocean;
(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants.
**(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Unless and except as permitted by regulations made as hereinafter provided in this subchapter, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof, included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 (39 Stat. 1702), the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment concluded March 4, 1972, and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environments concluded November 19, 1976.
**(b) Limitation on application to introduced species**
(1) **In general** — This subchapter applies only to migratory bird species that are native to the United States or its territories.
(2) **Native to the United States defined**
(A) *In general* — Subject to subparagraph (B), in this subsection the term “native to the United States or its territories” me
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares the following:
(1) Fish and wildlife are of ecological, educational, esthetic, cultural, recreational, economic, and scientific value to the Nation.
(2) The improved conservation and management of fish and wildlife, particularly nongame fish and wildlife, will assist in restoring and maintaining fish and wildlife and in assuring a productive and more esthetically pleasing environment for all citizens.
(3) Many citizens, particularly those residing in urban areas, have insufficient opportunity to participate in recreational and other programs designed to foster human interaction with fish and wildlife and thereby are unable to have a greater appreciation and awareness of the environment.
(4) Historically, fish and wildlife conservation programs have been focused on the more recreationally and commercially important species within any particular ecosystem. As a consequence such programs have been largely financed by hunting and fishing license revenues or excise taxes on certain hunting and fishing equipment. These traditional financing mechanisms are neither adequate nor fully appropriate to meet the conservation needs of nongame fish and wildlife.
(5) Each State should be encouraged to develop, revise, and implement, in consultation with appropriate Federal, State, and local and regional agencies, a plan for the conservation of fish and wildlife, particularly those species which are indigenous to the State.
**(b) Purpose** It is the purpose of this chapter—
(1) to provide financial and technical assistance to the States for the development, revision, and implementation of conservation plans and programs for nongame fish and wildlife; and
(2) to encourage all Federal departments and agencies to utilize their statu
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Federal law — U.S. Code and appendices · legal_authorities
If any clause, sentence, paragraph, or part of this subchapter, which shall be known by the short title of the “Migratory Bird Treaty Act”, shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
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Federal law — U.S. Code and appendices · legal_authorities
A commission to be known as the Migratory Bird Conservation Commission, consisting of the Secretary of the Interior, as chairman, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture and two Members of the Senate, to be selected by the President of the Senate, and two Members of the House of Representatives to be selected by the Speaker, is created and authorized to consider and pass upon any area of land, water, or land and water that may be recommended by the Secretary of the Interior for purchase or rental under this subchapter, and to fix the price or prices at which such area may be purchased or rented; and no purchase or rental shall be made of any such area until it has been duly approved for purchase or rental by said commission. Any Member of the House of Representatives who is a member of the commission, if reelected to the succeeding Congress, may serve on the commission notwithstanding the expiration of a Congress. Any vacancy on the commission shall be filled in the same manner as the original appointment. The ranking officer of the branch or department of a State to which is committed the administration of its game laws, or his authorized representative, and in a State having no such branch or department, the governor thereof, or his authorized representative, shall be a member ex officio of said commission for the purpose of considering and voting on all questions relating to the acquisition, under this subchapter, of areas in his State. For purposes of this subchapter, the purchase or rental of any area of land, water, or land and water includes the purchase or rental of any interest in any such area of land, water, or land and water.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1909
TITLE 16—CONSERVATION
§ 1531
maintenance of continuing and stable supply of agri-
cultural commodities and forest products.
Section 1502, Pub. L. 91–524, title X, § 1002, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required
eligible landowners and operators to furnish plan of
farming operations or land use to Secretary.
Section 1503, Pub. L. 91–524, title X, § 1003, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended
Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related
to approved conservation plans as basis for contracts,
duties under contracts, and termination or modifica-
tion of contracts.
Section 1504, Pub. L. 91–524, title X, § 1004, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author-
ized furnishing of conservation materials to eligible
owners and operators.
Section 1505, Pub. L. 91–524, title X, § 1005, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended
Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat.
1022, authorized establishment of multiyear set-aside
contracts.
Section 1506, Pub. L. 91–524, title X, § 1006, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author-
ized issuance of rules and regulations as well as limita-
tions on total retired acreage.
Section 1507, Pub. L. 91–524, title X, § 1007, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended
Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di-
rected appointment of advisory boards to assist in de-
velopment of programs under this chapter.
Section 1508, Pub. L. 91–524, title X, § 1008, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed
coordination with and utilization of Federal, State, and
local services and facili
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Federal law — U.S. Code and appendices · legal_authorities
Page 2223
TITLE 16—CONSERVATION
§ 2901
1 So in original. Probably should be ‘‘of the’’.
and within six months of the study’s comple-
tion, the Secretaries shall formulate a plan for
acting on the study’s findings. The plan will
contain specific steps the Federal Government
can take to remove unnecessarily burdensome
regulatory barriers to the initiation and oper-
ation of commercial aquaculture ventures. Upon
its completion, the Secretaries shall submit the
plan to Congress.
(Pub. L. 96–362, § 9, Sept. 26, 1980, 94 Stat. 1205.)
§ 2809. Authorizations for appropriations
For purposes of carrying out the provisions of
this chapter, there are authorized to be appro-
priated—
(1)
to
the
Department
of
Agriculture,
$1,000,000 for each of fiscal years 1991 through
2023;
(2)
to
the
Department
of
Commerce,
$1,000,000 for each of fiscal years 1991 through
2023; and
(3) to the Department of 1 Interior, $1,000,000
for each of fiscal years 1991 through 2023.
Funds authorized by this section shall be in ad-
dition to, and not in lieu of, funds authorized by
any other Act.
(Pub. L. 96–362, § 10, Sept. 26, 1980, 94 Stat. 1205;
Pub. L. 98–623, title IV, § 402, Nov. 8, 1984, 98 Stat.
3407; Pub. L. 99–198, title XVII, § 1737, Dec. 23,
1985, 99 Stat. 1643; Pub. L. 101–624, title XVI,
§ 1614(d), Nov. 28, 1990, 104 Stat. 3728; Pub. L.
105–185, title III, § 301(i), June 23, 1998, 112 Stat.
563; Pub. L. 107–171, title VII, § 7139, May 13, 2002,
116 Stat. 436; Pub. L. 110–234, title VII, § 7414,
May 22, 2008, 122 Stat. 1256; Pub. L. 110–246, § 4(a),
title VII, § 7414, June 18, 2008, 122 Stat. 1664, 2017;
Pub. L. 113–79, title VII, § 7406, Feb. 7, 2014, 128
Stat. 898; Pub. L. 115–334, title VII, § 7510, Dec. 20,
2018, 132 Stat. 4824.)
Editorial Notes
COD
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Federal law — U.S. Code and appendices · legal_authorities
Page 2485
TITLE 16—CONSERVATION
§ 4402
884, which is classified generally to chapter 35 (§ 1531 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 1531 of this title and Tables.
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 101–233, Dec. 13,
1989, 103 Stat. 1968, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out below and Tables.
AMENDMENTS
2002—Subsec. (a)(1). Pub. L. 107–308, § 3(a), substituted
‘‘and associated habitats’’ for ‘‘and other habitats’’.
Subsec. (a)(10). Pub. L. 107–308, § 8(a)(1), inserted ‘‘of
1973’’ after ‘‘Endangered Species Act’’.
Subsec. (a)(12). Pub. L. 107–308, § 8(a)(2), inserted ‘‘and
in 1994 by the Secretary of Sedesol for Mexico’’ after
‘‘United States’’.
Subsec. (b)(1). Pub. L. 107–308, § 3(b)(1), substituted
‘‘and habitats associated with wetland ecosystems’’ for
‘‘and other habitats for migratory birds’’.
Subsec. (b)(2). Pub. L. 107–308, § 3(b)(2), inserted ‘‘wet-
land associated’’ before ‘‘migratory bird’’.
Subsec. (b)(3). Pub. L. 107–308, § 3(b)(3), inserted ‘‘wet-
land associated’’ before ‘‘migratory birds’’ and ‘‘, the
United States Shorebird Conservation Plan, the North
American Waterbird Conservation Plan, the Partners
In Flight Conservation Plans,’’ after ‘‘North American
Waterfowl Management Plan’’.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109–322, § 1, Oct. 11, 2006, 120 Stat. 1756, pro-
vided that: ‘‘This Act [amending section 4406 of this
title] may be cited as the ‘North American Wetlands
Conservation Reauthorization Act of 2006’.’’
SHORT TITLE OF 2002 AMENDMENT
Pub. L
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Federal law — U.S. Code and appendices · legal_authorities
Page 1262
TITLE 16—CONSERVATION
§ 702
(12) provide training and information to appropriate
employees on methods and means of avoiding or mini-
mizing the take of migratory birds and conserving and
restoring migratory bird habitat;
(13) promote migratory bird conservation in inter-
national activities and with other countries and inter-
national partners, in consultation with the Department
of State, as appropriate or relevant to the agency’s au-
thorities;
(14) recognize and promote economic and recreational
values of birds, as appropriate; and
(15) develop partnerships with non-Federal entities to
further bird conservation.
(f) Notwithstanding the requirement to finalize an
MOU within 2 years, each agency is encouraged to im-
mediately begin implementing the conservation meas-
ures set forth above in subparagraphs (1) through (15) of
this section, as appropriate and practicable.
(g) Each agency shall advise the public of the avail-
ability of its MOU through a notice published in the
Federal Register.
SEC. 4. Council for the Conservation of Migratory Birds.
(a) The Secretary of Interior shall establish an inter-
agency Council for the Conservation of Migratory Birds
(Council) to oversee the implementation of this order.
The Council’s duties shall include the following: (1)
sharing the latest resource information to assist in the
conservation and management of migratory birds; (2)
developing an annual report of accomplishments and
recommendations related to this order; (3) fostering
partnerships to further the goals of this order; and (4)
selecting an annual recipient of a Presidential Migra-
tory Bird Federal Stewardship Award for contributions
to the protection of migratory birds.
(b) The Council shall include representation, at the
bureau di
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